Detailed answer — plain-language overview

If a parent dies in Montana and the vehicle title cannot be located, the usual approach is one of two paths:

1. Obtain a duplicate title in the decedent’s name from the Montana Motor Vehicle Division (MVD), then complete the regular transfer to the surviving spouse (or other heir). This is the simplest path when no probate is required.
2. If the estate qualifies as a small estate and the vehicle can be transferred under Montana’s small-estate procedures, use the appropriate affidavit and supporting documents to have the MVD issue a new title in the heir’s name without full probate. If the small estate option is not available or there are competing claims, open probate or obtain court authorization.

Which path applies depends on who owned the vehicle, how it was titled (sole name, joint tenancy, community property, or had a beneficiary), and whether the estate meets Montana’s small-estate rules. In all cases you will need certified death certificate(s) and proof of identity and relationship.

Key steps (step-by-step)

1. Confirm ownership and liens. Check whether the vehicle was titled solely in the decedent’s name, jointly titled, or had a designated beneficiary. Also check for any outstanding lien. If there is a lien, the lienholder’s release or instructions will be required.
2. Decide whether to apply for a duplicate title or use a small-estate affidavit.
   • If you can apply for a duplicate title in the decedent’s name, do that first. A duplicate title allows a straightforward transfer to the surviving spouse or other heir.
   • If the estate qualifies for Montana’s small estate transfer procedure (no formal probate and value under the state threshold for small estates), you may be able to transfer ownership with an affidavit that the MVD will accept in place of the original title.
3. Obtain required documents:
   • Certified copy of the death certificate.
   • Proof of your relationship to the decedent (marriage certificate for spouse or documents showing parent-child relationship if requested).
   • Government ID for the person accepting the vehicle.
   • Any lien release or payoff information.
   • Completed MVD forms: application for duplicate title (if that route), application for certificate of title (for transferring into the heir’s name), and any affidavit forms required by the MVD for transfers after death.
4. Complete and notarize the right MVD forms. The MVD requires certain forms to be signed in front of a notary (for example, affidavits). Follow the MVD instructions exactly so the transfer won’t be delayed.
5. Submit the paperwork to Montana MVD and pay fees. Turn in the duplicate-title request or the transfer application along with affidavits, death certificate, IDs, and fees at a county treasurer’s office or MVD office. The MVD will process and issue a title in the new owner’s name.
6. When probate is required. If there are multiple heirs with competing claims, unresolved liens, or the estate value exceeds Montana’s small-estate allowance, you may need to open a probate estate in Montana district court to get a personal representative or court order directing transfer of the vehicle.

How to get a duplicate title from Montana MVD

If you choose to obtain a duplicate title in the decedent’s name, contact the Montana Motor Vehicle Division and follow the duplicate-title procedure. Typically this requires the duplicate-title application form, a certified death certificate, and payment of the duplicate-title fee. Check the Montana DOJ MVD title and registration pages for current forms and fees:

Montana MVD — Title & Registration

Small-estate transfer option

Montana provides informal/simplified procedures to transfer personal property (like a vehicle) from a decedent’s small estate without full probate. The exact requirements and forms MVD will accept vary by situation. If the vehicle’s value and the estate’s other assets fall within the small-estate rules, you can often use an affidavit signed by the heir(s) and supported by a certified death certificate to transfer title. If you want to confirm the statue language or limits, look up Montana’s probate code at the Legislative Branch site and search for small-estate or affidavit provisions:

Montana Code Annotated (searchable)

When you must open probate or get a court order

• There are disputes among heirs or creditors.
• The estate is larger than Montana’s small-estate limit or includes real property.
• A lienholder will not release the lien without court authorization.
• The MVD rejects an affidavit because required elements are missing.

Practical timeline and costs

Processing time depends on the county MVD office and whether you apply for a duplicate title or a transfer under small-estate rules. Expect anywhere from a few days to several weeks. Fees include MVD title fees and any notary, certified death certificate, and (if needed) court costs for probate.

When to get help from an attorney

Consider a probate or estate attorney if the estate is contested, involves creditors, exceeds small-estate thresholds, or if the MVD or lienholder requires a court order. An attorney can prepare a petition or represent you in court if needed. This article is educational only and is not legal advice.

Helpful Hints — checklist to prepare before you go to MVD

• Get certified copies of the decedent’s death certificate (often the county will require original-certified copies).
• Locate any old registration mail or insurance documents that show the VIN and owner name — the VIN helps MVD identify the vehicle.
• If you can’t find the original title, start the duplicate-title process immediately; MVD will tell you the exact duplicate-title form to use.
• Collect proof of relationship (marriage certificate for spouse, birth certificate for children) to support an heirship affidavit or MVD request.
• If there is a lien, contact the lienholder for the payoff amount and required paperwork; many lenders require payoff before releasing a title.
• Bring photo ID and be prepared to sign documents in front of a notary.
• Call your county treasurer’s or MVD office before visiting — they can confirm the forms and whether your situation can be handled without probate.
• If the MVD requests a court order (for example in contested situations), speak to a probate attorney or the county court clerk about filing a petition for probate or for an order directing transfer of specific assets.

Key resources:

Montana MVD — Title & Registration

Montana MVD general (vehicle services)

Montana Code Annotated (searchable)

Bottom line: If you don’t have the original title, you can generally either obtain a duplicate title first or use a Montana small-estate affidavit to transfer the vehicle to a surviving spouse or heir. Start by collecting the death certificate, proof of relationship, and VIN information, then contact your local MVD or county treasurer to confirm which forms they will accept in your county. If there are disputes or liens, you may need a probate court order.

Disclaimer: I am not a lawyer. This is general information, not legal advice. For advice about your specific situation, consult a Montana probate attorney or contact your local county MVD office.